part ii - contract clauses

DE-AC05-00OR22725
Modification No. 341
Section I
(f)
(g)
(h)
(i)
(j)
(k)
Claims. Claims for credit against funds advanced for payment shall be accompanied
by such supporting documents and justification as the contracting officer shall
prescribe.
Discounts. The contractor shall take and afford the Government the advantage of all
known and available cash and trade discounts, rebates, allowances, credits, salvage,
and commissions unless the contracting officer finds that action is not in the best
interest of the Government.
Collections. All collections accruing to the contractor in connection with the work
under this contract, except for the contractor's fee and royalties or other income
accruing to the contractor from technology transfer activities in accordance with
this contract, shall be Government property and shall be processed and accounted
for in accordance with applicable requirements imposed by the contracting officer
pursuant to the Laws, regulations, and DOE directives clause of this contract and, to
the extent consistent with those requirements, shall be deposited in the special
financial institution account or otherwise made available for payment of allowable
costs under this contract, unless otherwise directed by the contracting officer.
Direct payment of charges. The Government reserves the right, upon ten days
written notice from the contracting officer to the contractor, to pay directly to the
persons concerned, all amounts due which otherwise would be allowable under this
contract. Any payment so made shall discharge the Government of all liability to
the contractor therefor.
Determining allowable costs. The contracting officer shall determine allowable
costs in accordance with the Federal Acquisition Regulation subpart 31.2 and the
Department of Energy Acquisition Regulation subpart 48 CFR 970.31 in effect on
the date of this contract and other provisions of this contract.
Review and approval of costs incurred. The contractor shall prepare and submit
annually as of September 30, a “Statement of Costs Incurred and Claimed” (Cost
Statement) for the total of net expenditures accrued (i.e., net costs incurred) for the
period covered by the Cost Statement. The contractor shall certify the Cost
Statement subject to the penalty provisions for unallowable costs as stated in
sections 306(b) and (i) of the Federal Property and Administrative Services Act of
1949 (41 U.S.C. 256), as amended. DOE, after audit and appropriate adjustment,
will approve such Cost Statement. This approval by DOE will constitute an
acknowledgment by DOE that the net costs incurred are allowable under the
contract and that they have been recorded in the accounts maintained by the
contractor in accordance with DOE accounting policies, but will not relieve the
contractor of responsibility for DOE's assets in its care, for appropriate subsequent
adjustments, or for errors later becoming known to DOE.
DE-AC05-00OR22725 Section I—Page 255 of 276